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Attorney General denies Iraq claim
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30 January 2007
Lord Goldsmith said "high standards" were enforced over the treatment of detainees in Iraq, and he said soldiers were bound by British criminal law and the Geneva Convention.
Critics claim the Human Rights Act sets a higher standard for the treatment of prisoners overseas and should be applied in Iraq.
The Independent newspaper reported on Tuesday it had seen emails sent to British military headquarters in Iraq suggesting Lord Goldsmith's advice was not to follow the Act. It was claimed he suggested adopting a "pragmatic" approach to handling prisoners.
Lord Goldsmith told BBC Radio 4's The World at One: "The suggestions made are really rather ridiculous, because it's very clear that high standards have to prevail when it comes to treating detainees. Whether the Human Rights Act applies or not... there are very strong requirements that apply to our soldiers.
"They are bound by British criminal law, they are bound by the Geneva Conventions, they are bound by the Hague Regulations.
"These are strong requirements which is why we have seen prosecutions in Camp Bread Basket in relation to the death of Baha Mousa and other cases."
Lord Goldsmith also rejected calls for the Government's legal advice on the issue to be published.
The House of Lords is set to rule later this year on whether the Human Rights Act applies in Iraq or is limited to Britain's borders.
Ministers are appealing a decision made by the Court of Appeal that the Act should apply to British soldiers overseas.
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